The Supreme Court’s approval rating is at an all-time low. “A new poll shows that Americans are overwhelmingly dissatisfied with how the Supreme Court currently functions, with a large swath of respondents changing their views on the institution over the past year.
“The Marquette Law
School poll, conducted on July 5-12, found that over
the past year. Just 38 percent of respondents said that they approve of the
Court’s recent actions, while 61 percent said that they disapprove.” (https://truthout.org/articles/poll-finds-approval-of-supreme-court-down-22-points-over-past
year/?gad_source=1&gclid=Cj0KCQiA1Km7BhC9ARIsAFZfEIvVu8xsXzI5_yKGDp1ACqCkb8TNKb5MWyQMNE95_DKIDC7hP968wXEaAtNkEALw_wcB)
Today’s daf TB Sanhedrin 7 should be studied and
reviewed over and over again not only by the Supreme Court justices, but all
judges. The following are some appropriate selections all translated from
Sefaria.org
“Rabbi
Shmuel bar Naḥmani says that Rabbi Yonatan says: Any judge who judges a
judgment according to absolute truth [emet] causes the
Divine Presence to rest among Israel, as it is stated: “God stands in the
congregation of God; in the midst of the judges He judges” (Psalms 82:1),
indicating that the Divine Presence is in the midst of the court. And every
judge who does not judge a judgment according to absolute truth causes
the Divine Presence to withdraw from Israel, as it is stated: “For the
oppression of the poor, for the sighing of the needy, now will I arise, says
the Lord” (Psalms 12:6). God will arise and leave the people as a result of
oppression.
“And Rabbi Shmuel bar Naḥmani says that Rabbi Yonatan says:
With regard to any judge who takes disputed property or money [mamon]
from this litigant and gives it to that other litigant unlawfully,
the Holy One, Blessed be He, takes his soul from him as punishment for his
corruption, as it is stated: “Rob not the weak, because he is weak, neither
crush the poor in the gate; for the Lord will plead their cause and despoil of
life those who despoil them” (Proverbs 22:22–23). God cautions that He will
take the life of one who steals from the poor at the gate, meaning in the
courtroom, as the city gate was the traditional site of the community’s court. “And
Rabbi Shmuel bar Naḥmani says that Rabbi Yonatan says: A judge should
always view [yireh] himself as if a sword is placed between his
thighs, so that if he leans to the right or to the left he will be injured,
and as if Gehenna is opened up beneath him, as it is stated:
“Behold, it is the bed of Solomon; sixty mighty men are around it, of the
mighty men of Israel. They all handle the sword, and are expert in war; every
man has his sword upon his thigh due to dread in the night” (Song of Songs
3:7–8). The words “due to dread in the night” mean due to the dread of
Gehenna, which is similar to the night. Rabbi Shmuel bar Naḥmani interprets
this verse as referring to judges, who are called: Mighty men of Israel, as
they preside in the Temple, which is termed: The bed of God. In this verse, God
is referred to as: Solomon [Shlomo], the King to Whom peace [shalom]
belongs.”
I’m not looking forward
when Trump has the ability to appoint more judges. “Donald Trump, President of the United States from
2017 to 2021, entered office with a significant number of judicial vacancies,[1][2] including
a Supreme Court vacancy
due to the death of Antonin Scalia in February 2016.
“As of
February 3, 2020, the American Bar Association (ABA)
had rated 220 of Trump's nominees. Of these nominees, 187 were rated
"well-qualified," 67 were rated "qualified," and 10 were
rated "not qualified."[10] Seven
of the nine individuals rated as "not qualified" were confirmed by
the Senate.[11]” (https://en.wikipedia.org/wiki/Donald_Trump_judicial_appointment_controversies#:~:text=As%20of%20February%203%2C%202020,were%20confirmed%20by%20the%20Senate.)
I also agree
with Samantha Cyrulnik-Dercher’s opinion piece. “When Republicans brag about Trump’s 203
lifetime confirmations to the federal bench, we know what they’re really
saying. They’re bragging about a disproportionately white male group of
ideologues, many of whom were manifestly unqualified to serve as lifelong
judges and to uphold the principle of equal justice under law. They’re boasting
about a president who outsourced his responsibilities to extremist special
interest groups like the Federalist Society and Heritage Foundation.
“Trump and Senate Republicans like to claim that the president has
chosen ‘highly qualified nominees,’ but the reality is this: many of Trump’s
nominees have lacked the basic experience and temperament that should be
required to be a federal judge.
“For example, one nominee to the United States District Court for the
District of Columbia, Matthew Petersen, was so inexperienced they could not
answer basic questions about legal procedure. During his confirmation hearing,
after admitting that he had never tried a case or even argued a motion in state
or federal court, he could not define a motion in limine, a motion frequently used at pretrial hearings and during
trial in both state and federal courts. Petersen eventually removed himself
from consideration for the judgeship, but the White House stood by him even
after that, accusing opponents of distracting from the presidents ‘record-setting
success on judges.
“Sadly, this is the record Trump has said on judges, he is nominated the
highest number of individuals who the nonpartisan American Bar Association
(ABA)’s standing committee on federal judiciary found to be not qualified
because of their lack of relevant legal and judicial experience. Nine of Trump’s
picks received this not qualified rating-a record indeed, but not the kind
anyone should want to boast about.” (https://civilrights.org/blog/the-truth-about-trumps-judges/)
Our Gemara takes an extremely bad opinion over appointing unfit judges. Reish Lakish says: With regard to anyone who appoints over the community a judge who is not fit, it is as though he plants a tree used as part of idolatrous rites [ashera] among the Jewish people, as it is stated: “You shall make judges and officers for yourself” (Deuteronomy 16:18), and juxtaposed to it, it is written: “You shall not plant yourself an ashera of any kind of tree” (Deuteronomy 16:21). By implication, appointing unfit judges is akin to planting a tree for idolatry. Rav Ashi says: And in a place where there are Torah scholars, it is as though he planted the tree next to the altar, as it is stated: ‘You shall not plant yourself an ashera…beside the altar of the Lord your God.’”
The difference between a good judge
and a bad judge couldn’t be starker. A good judge causes God’s holy
presence, the Shekhina, to dwell
amongst us while a bad judge is akin to idolatry.
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